Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54413 of 2021 Applicant :- Kasim Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri D.N.Tiwari learned AGA, who appears for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Kasim Ahmad for seeking bail in Case Crime No.6 of 2021 under Sections 2/3 of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 (In Short Gangsters Act) registered at Police Station-.Teela Mode, District-Ghaziabad.
The bail application of the applicant has been rejected by the court below on 3.12.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by one Sri Ran Singh against the applicant and five others before the Police Station-.Teela Mode, District-Ghaziabad on 3.1.2021 being FIR No.0006 in the above noted section.
Learned counsel for the has drawn the attention of this court towards page 14 which happens to be the gang chart according to the learned counsel for the applicant there are three cases shows to be against the applicant. So far as the Case No.1710/19, under Section 3/5/8 of the Cow Slaughter Act and Section 295A IPC read with Section 11 Prevention of Cruelty to Animal Act, 1960 the applicant has been enlarged on bail on 31.8.2021 by the court of Sessions Judge, Ghaziabad. The second case being Case Crime No.398 of 2020, under Section 3/5/8 of the Cow Slaughter Act, the applicant has already been bailed out by the coordinate bench vide order dated 27.11.2021 passed in Criminal Misc. Bail Application No.18403 of 2021.
Likewise the learned counsel for the applicant has next argued that in so far as Case Crime No.399 of 2020, under Sections 307 and 506 IPC is concerned, he has bene already granted bail on 18.12.2020 by the court of Sessions Judge, Ghaizabad. He has further argued that besides the gang chart so appended at page 14 of the paper book there happens to be an another case against the applicant being Case Crime No.400 of 2020 of the under Section 3/25 of the Arms Act in which he has already been bailed out on 12.1.2021.
Thus, the aforesaid pendency of the criminal cases cannot be a period of amount invoked the provisions contained under the Gangsters Act.
It is contended that he is languishing in jail since 7.10.2021.
Countering the said submission, learned AGA for the State has though opposed the bail but he could not point out any infirmity with respect to the factual arguments for granting bail orders and the pendency of the cases in relation to them.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Kasim Ahmad involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 22.12.2021 piyush